Cohen Milstein, along with co-counsel, represents a large union, 1199SEIU United Healthcare Workers East, as defense counsel in this lawsuit filed on June 14, 2017.
On June 28, 2018, the court granted in part defendants’ respective motions to dismiss. The court dismissed the antitrust claim, but allowed the case to proceed on the ERISA and LRMA claims. In dismissing the antitrust claim, the court held that NYU Hospitals had attempted to allege only a per se violation, but that the alleged conduct did not fall into any of the narrow categories of conduct deemed per se unlawful.
The complaint, filed by NYU Hospitals Center, a large hospital in New York City, alleged that 1199SEIU conspired with a multi-employer bargaining association and a union healthcare benefit fund to increase the amount of NYU’s required contributions to the benefit fund, in alleged violation of federal antitrust law.
The case name is: NYU Hospitals Center v. League of Voluntary Hospitals and Homes of New York, et al., Case No. 1:17-cv-04465-VM, U.S. District Court, Southern District of New York.